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从监督、制约的词义解读入手,对我国民事诉讼监督制约机制的内涵及外延进行了界定,并从审判权的产生、审判权的属性以及审判权行使的主体三个方面对我国民事诉讼监督制约机制确立的必要性进行了剖析。然后,根据权力制约模式间的辩证关系原理以及我国民事诉讼运行的本质与规律,试图构建一个以当事人监督制约机制为首要机制,法院监督制约机制次之,检察监督制约机制排位最后的呈三维结构的民事诉讼监督制约体系。
This article starts with the interpretation of the meanings of supervision and restriction, and defines the connotation and denotation of the supervision and restriction mechanism of civil litigation in our country. From the three aspects of the creation of judicial power, the attribute of judicial power and the subject of the exercise of judicial power, The necessity of mechanism establishment has been analyzed. Then, according to the principle of dialectical relationship between the mode of power restriction and the essence and law of the operation of civil litigation in our country, trying to build a mechanism of supervision by the parties as the primary mechanism, the court supervision and control mechanism is second, and the last of the procuratorial supervision mechanism is three-dimensional Structure of the civil litigation supervision and control system.